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Re: Additonal Words in Name

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Posted by M Arthur Auslander on December 21, 2002 at 02:30:50:

In Reply to: Additonal Words in Name posted by JJ on December 19, 2002 at 00:25:45:

: There is a trademark "Critter Catcher" pending would "the" "Nationwide". "National". or something like that be an infringement? Does using the letter "K" in place of the "C" cause an infringement?
: Thank you

Dear JJ,
The adding of a word to a dominant part of a trademark, where the mark, as used, is likely to be confused with the registered trademark, is very likely to be infringringement, The is now an antidilution statute that extends rights.
Looks like, sounds like or means like, the a legal criteria for infringement.

C and K have phonetic similarity.

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
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Subject: Re: Re: Additonal Words in Name

Comments:
: : There is a trademark "Critter Catcher" pending would "the" "Nationwide". "National". or something like that be an infringement? Does using the letter "K" in place of the "C" cause an infringement? : : Thank you : Dear JJ, : The adding of a word to a dominant part of a trademark, where the mark, as used, is likely to be confused with the registered trademark, is very likely to be infringringement, The is now an antidilution statute that extends rights. : Looks like, sounds like or means like, the a legal criteria for infringement. : C and K have phonetic similarity. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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Re: Additonal Words in Name

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